299Prohibition on taking of greenlip abalone from Port Phillip Bay

299 Prohibition on taking of greenlip abalone from Port Phillip Bay

(1) For the purposes of section 67(1) of the Act, the taking of greenlip abalone from the waters of Port Phillip Bay at any time by any person other than a person of either of the following classes of person is prohibited—

(a) holders of, or persons acting on behalf of holders of, an aquaculture licence authorising the hatching, rearing, breeding, displaying or growing of greenlip abalone who take or possess greenlip abalone from the area of Port Phillip Bay specified in the licence;

(b) holders of, or persons acting on behalf of holders of, a general permit authorising the taking or possession of greenlip abalone from those waters.

A failure to comply with this prohibition is an offence under section 67(3) of the Act. A maximum penalty of 100 penalty units or 6 months imprisonment or both applies.

(2) A person who contravenes a prohibition in subregulation (1) is liable to a further penalty—

(a) in the case of a first offence, a penalty not exceeding 0·5 penalty units for each abalone taken; and

(b) in the case of a subsequent offence, a penalty not exceeding 1 penalty unit for each abalone taken.

Division 2—Catch limits and other restrictions and prohibitions in relation to recreational abalone fishing